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| HC sets aside govt circular, orders to uphold sanctity of state flag | | | Early Times Report
srinagar, Dec 26: The state high court has allowed a petition, challenging withdrawing of circular (No. 14-GAD of 2015) issued by government's General Administration Department on March 13 by virtue of which the circular (No. 13-GAD of 2015), calling for maintaining the flag's sanctity was withdrawn.
"Circular No.14-GAD of 2015 dated 13th March 2015 set-aside. Resultantly circular No.13-GAD of 2015 dated 12th March 2015 gets restored," a bench of Justice Hasnain Massodi said and directed government and all Constitutional Authorities shall adhere to and abide by mandate and spirit of Section 144, Constitution of Jammu and Kashmir, J&K Prevention of Insult to State Honour Act, 1979 and Circular No.13-GAD of 2015 dated 12th March 2015.
"Such adherence obviously is to include hoisting of State Flag on the buildings housing offices of Constitutional Authorities and on vehicles used by such Authorities. Writ petition No.1811/2013 is also disposed of in terms of above direction," the court said.
The court observed that the flag is symbol of struggle to achieve goals of freedom movement as also of values that form edifice of polity proposed to be created. "It connects past with present and future. Flag while reminding us of struggle made by the people and their sacrifices also makes us aware of our aspirations."
The court said the flag is not a mere piece of cloth of a shape, design and colour. It reflects pain and agony suffered by people to realise the dream of freedom. "It's every strand is soaked in the blood of martyrs, tears of thousand who join their funeral procession and all those left behind without a source of sustenance. The wails of millions crushed under wheels of oppression, run through weft and warp of the Flag. Flag also depicts hope for a better future and resolve of masses to build a new polity based on values and ideals close to their heart. It is symbol of unity amongst different sections of population. It binds people and blends past with future." In his petition, Abdul Qayoo Khan, as a citizen of India and state subject, had claimed to have been an interest in sanctity of state flag adopted by the constituent assembly of the state.
He points out that section 44 the constitution of J&K envisions "Flag of the State" and J&K prevention of insult to state Honours Act, 1979, prohibits any insult within the meaning of the Act to the State Flag.
His case before the court is that the State Government vide Circular no, 13-GAD of 2015 directed the authorities to maintain sanctity of State Flag at all costs and not to insult the flag that would attract provisions of J&K prevention of insult to State Honours Act 1979. He pleaded that the circular was withdrawn on the next day vide circular 14-GAD leading to an inference that whatever was stated in circular no. 13 was not intended to be followed and room left for non adherence of constitutional provisions and J&K prevention of insult to state Honours Act.
He insists that circular no.14 amounts to violation of the provisions of Act and therefore punishable under law. |
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